Withdrawing an I-130 petition can be a necessary step for various reasons. Whether due to changes in personal circumstances, errors, or a decision to cancel the petition, writing a clear and concise withdrawal letter is crucial. This article provides a step-by-step guide on how to compose a sample letter for an I-130 petition withdrawal, ensuring it is effective and meets the requirements of the United States Citizenship and Immigration Services (USCIS).
Understanding the I-130 Petition
Before diving into the withdrawal process, it’s essential to understand what the I-130 Petition for Alien Relative entails. This form is filed by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with an alien relative who wishes to immigrate to the U.S. Upon approval, it serves as a stepping stone for the relative to apply for a visa or adjust their status.
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Reasons for Withdrawing an I-130 Petition
Several scenarios may prompt the withdrawal of an I-130 petition:
- Change in Relationship Status: If the petitioner and the beneficiary’s relationship ends, withdrawing the petition may be necessary.
- Filing Errors: Mistakes in the initial filing that cannot be corrected might lead to the decision to withdraw.
- Change of Intent: The petitioner or the beneficiary may no longer wish to pursue the immigration process.
How to Withdraw an I-130 Petition
To withdraw an I-130 petition, the petitioner must send a written withdrawal request to the USCIS office handling the case. Here are the steps to follow:
Step 1: Gather Necessary Information
Before writing the withdrawal letter, ensure you have all the relevant information:
- Receipt number of the I-130 petition
- Full names of both petitioner and beneficiary
- Contact information
- Address of the USCIS office managing your petition
Step 2: Compose the Withdrawal Letter
The withdrawal letter should be clear, concise, and include all necessary details. Below is a sample letter for guidance:
Sample I-130 Withdrawal Letter
[Your Full Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
USCIS Service Center Name Service Center Address City, State, Zip Code
Re: Withdrawal of I-130 Petition for Beneficiary’s Full Name Petition Receipt Number: Receipt Number
Dear Sir/Madam,
I, Your Full Name, am writing to request the withdrawal of the I-130 Petition for Alien Relative filed on Date of Filing on behalf of Beneficiary’s Full Name.
After careful consideration, I have decided to withdraw this petition due to briefly state reason, e.g., “changes in personal circumstances”. Please find the details of the petition below:
- Petitioner Name: Your Full Name
- Beneficiary Name: Beneficiary’s Full Name
- Receipt Number: Receipt Number
I respectfully ask that you discontinue processing this petition. Please confirm the withdrawal of this petition in writing at your earliest convenience.
Thank you for your attention to this matter.
Sincerely,
Your Signature Your Printed Name
Step 3: Send the Withdrawal Letter
Mail the letter to the USCIS service center currently processing your petition. It is advisable to send the letter via certified mail with a return receipt requested for tracking and confirmation.
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What to Expect After Submission
Upon receiving your withdrawal request, USCIS will halt the processing of the I-130 petition. You should receive a confirmation of the withdrawal. Keep this confirmation for your records, as it serves as proof of your request.
Potential Implications of Withdrawing an I-130 Petition
Withdrawing an I-130 petition can have implications:
- Future Filings: Withdrawal does not prevent future filings for the same beneficiary if circumstances change.
- Processing Time: If you decide to refile, the new petition will start the process anew, with no credit for time already spent.
Common Mistakes to Avoid
When withdrawing an I-130 petition, avoid these common mistakes:
- Incomplete Information: Ensure all necessary details, including receipt number and names, are included.
- Late Submission: Submit your withdrawal request promptly to prevent further processing.
- Failure to Confirm: Follow up if you do not receive a confirmation from USCIS.
Final Thoughts
Withdrawing an I-130 petition requires careful consideration and a clear communication approach. By following the steps outlined and using the sample letter as a guide, you can ensure that your withdrawal request is processed smoothly.
This guide provides a foundational understanding, but if you have specific concerns or complex circumstances, consider consulting with an immigration attorney for personalized advice.
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By handling the withdrawal process with diligence, you can manage your immigration matters effectively and with confidence.